[Adopted 12-12-2012 by L.L. No. 8-2012]
As used in this article, the following terms shall have the
meanings indicated:
ABANDON or ABANDONED
To withdraw or give up by leaving the premises or ceasing
to operate or inhabit the premises; to relinquish or renunciate an
interest, claim, privilege, possession or right in a real property
or improvement on real property especially with the intent of never
again resuming or reasserting it; more than a seasonal absence from
the premises.
ABANDONED MOTOR VEHICLE
Any motor vehicle situated on private property other than
that of its owner, which has not been moved or used for 30 consecutive
days or more and is apparently deserted; any vehicle in whatever condition
which does not have valid registration; any junk car.
EXTERIOR PROPERTY
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
EXTERMINATION
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping or by any other approved pest elimination methods.
INOPERABLE MOTOR VEHICLE
A motor vehicle which cannot be driven upon the public streets
for reasons including but not limited to being unlicensed, unregistered,
wrecked, abandoned, in a state of disrepair, or incapable of being
moved under its own power.
JUNK CAR
Any motor vehicle in such condition or state of repair which
renders the vehicle incapable of being driven or operated upon the
public highway in its condition immediately without extensive repairs;
any motor vehicle which has been abandoned or junked.
OWNER
The owner of record of a tract, lot or parcel.
PERSON IN CONTROL
The owner, the attorney for the owner, the trustee in bankruptcy,
a referee of foreclosure or a real estate broker or any other person
exercising implied or express control of the premises, to be determined
on a case-by-case basis.
PRIVATE PROPERTY
Any real estate or part thereof, yard or driveway, other
than that used as a public place, road, street or highway, situated
in the Town.
SWIMMING POOL
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which contains,
is designed to contain, or is capable of containing water more than
24 inches (610 mm) deep at any point. This includes in-ground, aboveground
and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place
wading pools.
UNOCCUPIED
Lack of habitual presence of human beings.
VACANT
Any unoccupied land, structure, building or part thereof,
that is available and suitable for occupancy.
It shall be the duty of any owner, trustee, lessee, occupant
or person in control of any premises to which this article applies
to ensure that the minimum standards set forth in the New York State
Property Maintenance Code and the Code of the Town of Dover are complied
with, including, but not limited to:
A. All exterior property and premises shall be maintained in a clean,
safe and sanitary condition.
B. All premises shall be graded and maintained to prevent the erosion
of soil and to prevent the accumulation of stagnant water thereon,
or within any structure located thereon.
C. All premises and immediate exterior property shall be maintained
free from weeds or plant growth in excess of 10 inches (254 mm). All
noxious weeds shall be prohibited. Weeds shall be defined as all grasses,
annual plants and vegetation, other than trees or shrubs; provided,
however, this term shall not include cultivated flowers and gardens.
D. All structures and exterior property shall be kept free from rodent
harborage and infestation. Where rodents are found, they shall be
promptly exterminated by approved processes which will not be injurious
to human health. After extermination, proper precautions shall be
taken to eliminate rodent harborage and prevent reinfestation.
E. All accessory structures, including detached garages, sheds, fences
and walls, shall be maintained structurally sound and in good repair.
F. Swimming pools shall be maintained in a clean and sanitary condition,
in good repair, and properly and lawfully fenced and secured.
G. The exterior of a structure shall be maintained in good repair, structurally
sound and sanitary so as not to pose a threat to the public health,
safety or welfare.
H. All vacant structures and premises thereof or vacant land shall be
maintained in a clean, safe, secure and sanitary condition as provided
herein so as not to cause a blighting problem or adversely affect
the public health or safety.
I. No unregistered vehicles may be parked on the property.
J. All dead, damaged or diseased trees or shrubs, or any portion thereof,
which present any hazard to life or property shall be removed.
Any notice or order issued pursuant to this code shall "run
with the land," i.e., shall be binding upon, and enforceable against,
any subsequent purchaser, transferee, grantee, mortgagee, or lessee.
Penalties for violations of this article are as follows:
A. First offense: fine not to exceed $500.
B. Second offense or first offense not remedied within 30 days of first
violation: fine not to exceed $2,500.
C. Third offense or if first offense is not remedied within 60 days
of first or second offense: fine not to exceed $5,000.